Common Element & Maintenance Disputes
Parking / Common Element Maintenance DisputeAn Exclusive-Use Parking Spot Left Unshovelled for Days
A compacted, icy parking space raised a narrower question than it first appears: whose job is snow removal, on paper, in this building?
An owner's exclusive-use parking space went uncleared for several days until the snow compacted into ice, making it unusable. The owner contacted property management multiple times with photos, and was told the snow-clearing contractor couldn't clear spaces with cars parked nearby, and that the contractor only removes snow by vehicle rather than shovelling individual spots.
A notice was then sent to all residents stating that owners are responsible for clearing their own parking spaces. But the owner's review of the declaration found snow removal listed as a common expense, with no clear provision assigning that specific responsibility to owners. The owner requested a fee credit for loss of use and asked for direct board contact, but hadn't received a response at the time of posting.
Documents an owner in this situation should gather
- The declaration's specific language on snow removal and common expenses
- The notice sent to residents reassigning snow-clearing responsibility
- Dated photos of the uncleared space
- All written correspondence with property management, including the fee-credit request
Questions to ask management or the board
- 1Does the declaration classify snow removal as a common expense, and if so, has that responsibility been properly reassigned to owners through a valid rule or bylaw amendment, or only announced informally?
- 2Is a fee credit or adjustment available for the days the space was unusable?
- 3Who is the correct board contact for this specific issue, given management hasn't responded?
- 4Has this exact issue come up with other owners' exclusive-use spaces this season?
Facing something like this?
Read the plain-language guidance for this exact situation, or run your own documents through the Free Notice Decoder.
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Curated and maintained by Alexander Baraz, Condo Owner Advocate.
This case is not a testimonial, review, or endorsement, and is not a Condo Owner Advocate client file. It is an anonymized, editorially rewritten educational illustration, not legal advice.